Patna High Court

Prasad SahaniversusThe State of Bihar

Decided: 4 March 2025
Disposal: DISMISS FOR NON-PROSECUTION
Bench: PRABHAT KUMAR SINGH S B P SINGH

Holding

The application is dismissed for want of prosecution.

Summary

Petitioner Prasad Sahani instituted a criminal miscellaneous proceeding against the State of Bihar and Sudhir Kumar Sah. An application related to the case was earlier dismissed on 3 December 2024 for non‑prosecution. On 4 March 2025, no counsel appeared on behalf of the petitioner, indicating a lack of interest in pursuing the matter. The Court observed that the petitioner had not taken steps to prosecute the case. Consequently, the Court dismissed the application for want of prosecution, affirming the earlier order. The judgment was delivered by Justice S. B. Pd. Singh of the Patna High Court.

Issues considered

Whether the application can be entertained in the absence of any prosecution by the petitioner
Whether dismissal for want of prosecution is appropriate under criminal procedure

Subjects

criminal miscellaneous
non‑prosecution
want of prosecution
high court
procedural dismissal

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.51208 of 2024
                   Arising Out of PS. Case No.-1764 Year-2023 Thana- EAST CHAMPARAN COMPLAINT
                                                  District- East Champaran
                  ======================================================
                  Prasad Sahani Son Of Late Rajdev Sahani Village- Devapur, Ps- Patahi, Dist-
                  East Champaran

                                                                            ... ... Petitioner/S
                                                      Versus
            1.    The State Of Bihar
            2.    Sudhir Kumar Sah Son Of Dharmbeer Sah Village- Devapur, (Khori Pakar)
                  Ps- Patahi, Dist- East Champaran

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     none
                  For the Opposite Party/s :     Mr.Ashok Kumar Singh
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                        ORAL ORDER

6    04-03-2025                     Earlier vide order dated 3.12.2024 this application

                    was dismissed for non-prosecution.

                                 Today, also nobody is present on behalf of the

                    petitioner. It appears that the petitioner is not interested in

                    pursuing this case from very beginning.

                                 Hence, this application is dismissed for want of

                    prosecution.




                                               (S. B. Pd. Singh, J)
sushma/-

U

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